A BILL to repeal §30-30-8a of the Code of West Virginia, 1931, as
amended; to amend and reenact §30-30-1, §30-30-2, §30-30-3,
§30-30-4, §30-30-5, §30-30-6, §30-30-7, §30-30-8, §30-30-9,
§30-30-10, §30-30-11 and §30-30-12 of said code; and to amend
said code by adding thereto seventeen new sections, designated
§30-30-13, §30-30-14, §30-30-15, §30-30-16, §30-30-17,
§30-30-18, §30-30-19, §30-30-20, §30-30-21, §30-30-22,
§30-30-23, §30-30-24, §30-30-25, §30-30-26, §30-30-27,
§30-30-28 and §30-30-29, all relating to the practice of
social work; prohibiting the practice of social work without
a license; defining terms; providing for board composition;
setting forth the powers and duties of the board; clarifying
rulemaking authority; continuing a special revenue account;
establishing license requirements; providing for licensure for
persons licensed in another state; establishing renewal
requirements; providing permit requirements; setting forth
grounds for disciplinary actions; allowing for specific
disciplinary actions; providing procedures for investigation
of complaints; providing for judicial review and appeals of
decisions; setting forth hearing and notice requirements;
providing for civil causes of action; and providing criminal
penalties.

Be it enacted by the Legislature of West Virginia:

That §30-30-8a of the Code of West Virginia, 1931, as amended,
be repealed; that §30-30-1, §30-30-2, §30-30-3, §30-30-4, §30-30-5,
§30-30-6, §30-30-7, §30-30-8, §30-30-9, §30-30-10, §30-30-11 and
§30-30-12 of said code be amended and reenacted; and that said code
be amended by adding thereto seventeen new sections, designated
§30-30-13, §30-30-14, §30-30-15, §30-30-16, §30-30-17, §30-30-18,
§30-30-19, §30-30-20, §30-30-21, §30-30-22, §30-30-23, §30-30-24,
§30-30-25, §30-30-26, §30-30-27, §30-30-28 and §30-30-29, all to
read as follows:

ARTICLE 30. SOCIAL WORKERS.

§30-30-1. Unlawful acts.

(a) It is unlawful for any person to practice or offer to
practice social work in this state without a license or permit
issued under this article, or advertise or use any title or
description tending to convey the impression that the person is a
social worker, unless the person has been licensed or permitted
under this article, and the license or permit has not expired, been
suspended or revoked.

(b) No business entity, except through a licensee, may render
any service or engage in any activity which if rendered or engaged
in by an individual, would constitute the practices regulated under
this article.

§30-30-2. General provisions.

The practices regulated under this article and the Board of
Social Work are subject to article one of this chapter, this
article, and any rules promulgated hereunder.

§30-30-3. Definitions.

As used in this article:

(1) “Applicant” means any person making application for a
license or a permit under this article.

(4) "Code of Ethics" means the Code of Ethics of the National
Association of Social Workers.

(5) “General Supervision” means the supervising social worker
provides instructions and oversight for services and is easily
accessible.

(6) “Indirect supervision” means the performance of an action
after instruction from a supervising social worker.

(7) “License” means a license issued under this article. A
license does not mean a provisional license issued under this
article.

(8) “Licensee” means a person holding a license under this
article. A licensee does not mean a person provisionally licensed
under this article.

(9) “Permit” means a temporary permit to practice social work
issued by the board.

(10) “Permittee” means a person holding a permit issued under
this article.

(11) “Supervising social worker” means a social worker, who
meets the requirements of this article, who assumes responsibility
for the professional care given by a person authorized by this
article to work under his or her general or indirect supervision.

§30-30-4. Board of Social Work.

(a) The State Board of Social Work Examiners is continued. On
July 1, 2011, the State Board of Social Work Examiners is renamed
the Board of Social Work. The members of the board in office on
July 1, 2011, shall, unless sooner removed, continue to serve until
their respective terms expire and until their successors have been
appointed and qualified.

(b) The board shall consist of the following seven members who
are appointed by the Governor with the advice and consent of the
Senate:

(1) One independent clinical social worker;

(2) Two certified social workers;

(3) One graduate social worker;

(4) Two social workers; and

(5) One citizen member.

(c) The terms shall be for five years.

(d) Each licensed member of the board, at the time of his or
her appointment, must have held a license in this state for at
least five years;

(e) Each member of the board must be a resident of this state
during the appointment term.

(f) A member may not serve more than two consecutive full
terms. A member having served two consecutive full terms may not
be appointed for one year after completion of his or her second
full term. A member may continue to serve until a successor has
been appointed and has qualified.

(g) A vacancy on the board shall be filled by appointment by
the Governor for the unexpired term of the member whose office
shall be vacant and the appointment shall be made within sixty days
of the vacancy.

(h) The Governor may remove any member from the board for
neglect of duty, incompetency or official misconduct.

(i) Any member of the board immediately and automatically
forfeits his or her membership if his or her license to practice is
suspended or revoked by the board, is convicted of a felony under
the laws of any jurisdiction, or becomes a nonresident of this
state.

(j) The board shall elect annually one of its members as
chairperson who serves at the will of the board.

(k) Each member of the board is entitled to compensation and
expense reimbursement in accordance with article one of this
chapter.

(l) A majority of the members of the board constitutes a
quorum.

(m) The board shall hold at least two meetings annually. Other
meetings may be held at the call of the chairperson or upon the
written request of four members, at the time and place as
designated in the call or request.

(n) Prior to commencing his or her duties as a member of the
board, each member shall take and subscribe to the oath required by
section five, article four of the Constitution of this state.

§30-30-5. Powers and duties of the board.

(a) The board has all the powers and duties set forth in this
article, by rule, in article one of this chapter and elsewhere in
law.

(b) The board shall:

(1) Hold meetings;

(2) Establish requirements for licenses and permits;

(3) Establish procedures for submitting, approving and
rejecting applications for licenses and permits;

(4) Determine the qualifications of an applicant for licenses
and permits;

(5) Maintain records of the examinations the board or a third
party administers, including the number of persons taking the
examinations and the pass and fail rate;

(6) Hire, discharge, establish the job requirements and fix
the compensation of the executive director;

(7) Maintain an office, and hire, discharge, establish the job
requirements and fix the compensation of employees, investigators
and contracted employees necessary to enforce this article;

(8) Investigate alleged violations of this article,
legislative rules, orders and final decisions of the board;

(9) Conduct disciplinary hearings of persons regulated by the
board;

(10) Determine disciplinary action and issue orders;

(11) Institute appropriate legal action for the enforcement of
this article;

(12) Maintain an accurate registry of names and addresses of
all persons regulated by the board;

(13) Keep accurate and complete records of its proceedings,
and certify the same as may be necessary and appropriate;

(17) Propose rules in accordance with article three, chapter
twenty-nine-a of this code to implement this article; and

(18) Take all other actions necessary and proper to implement
this article.

(c) The board may:

(1) Contract with third parties to administer the examinations
required under this article;

(2) Sue and be sued in its official name as an agency of this
state; and

(3) Confer with the Attorney General or his or her assistant
in connection with legal matters and questions.

§30-30-6. Rulemaking.

(a) The board shall propose rules for legislative approval, in
accordance with article three, chapter twenty-nine-a of this code,
to implement this article, including:

(1) Additional standards and requirements for licenses and
permits;

(2) Requirements for third parties to prepare and/or
administer examinations and reexaminations;

(3) Educational and experience requirements;

(4) Standards for approval of courses and curriculum;

(5) Procedures for the issuance and renewal of licenses and
permits;

(6) A fee schedule;

(7) Continuing education requirements for licensees;

(8) Qualifications for supervisors; providing type of required
supervision; requirements that shall be included within a
supervisory plan; and detailed periodic documentation and
successful completion of required ;

(12) The procedures for denying, suspending, revoking,
reinstating or limiting the practice of licensees and permitees;

(13) Requirements for inactive or revoked licenses and
permits; and

(14) Any other rules necessary to implement this article.

(b) All of the board’s rules in effect on January 1, 2011,
shall remain in effect until they are amended or rescinded, and
references to former enactments of this article are interpreted to
be consistent with this article.

§30-30-7. Fees; special revenue account; administrative fines.

(a) All fees in effect, shall remain in effect until they are
amended or repealed by legislative rule or statute.

(b) All fees and other moneys, except administrative fines,
received by the board shall be deposited in a separate special
revenue fund in the State Treasury designated the "Board of Social
Work Fund", which is continued. The fund is used by the board for
the administration of this article. Except as may be provided in
article one of this chapter, the board retains the amount in the
special revenue account from year to year. No compensation or
expense incurred under this article is a charge against the General
Revenue Fund.

(c) Any amount received as fines, imposed pursuant to this
article, shall be deposited into the General Revenue Fund of the
State Treasury.

§30-30-8. License to practice as an independent clinical social worker.

To be eligible for a license to practice as an independent
clinical social worker, the applicant must:

(1) Submit an application to the board;

(2) Be at least eighteen years of age;

(3) Be of good moral character;

(4) Have obtained a master's degree from a school of social
work accredited by the council on social work education that
included a concentration of clinically oriented course work as
defined by the board;

(5) Have completed a supervised clinical field placement at
the graduate level, or post-master's clinical training that is
found by the board to be equivalent;

(6) Have practiced clinical social work for at least two years
in full-time employment, or three thousand hours under the
supervision of an independent clinical social worker, or clinical
supervision that is found by the board to be equivalent;

(7) Have passed an examination approved by the board;

(8) Have satisfied the board that he or she merits the public
trust by providing the board with three letters of recommendation
from persons not related to the applicant

(9) Not be an alcohol or drug abuser, as these terms are
defined in section eleven, article one-a, chapter twenty-seven of
this code: Provided, That an applicant in an active recovery
process, which may, in the discretion of the board, be evidenced by
participation in an acknowledged substance abuse treatment and/or
recovery program may be considered;

(10) Not have been convicted of a felony in any jurisdiction
within five years preceding the date of application for license
which conviction remains unreversed;

(11) Not have been convicted of a misdemeanor or felony in any
jurisdiction if the offense for which he or she was convicted
related to the practice of social work, which conviction remains
unreversed; and

(12) Meet any other requirements established by the board.

§30-30-9. Scope of practice for an independent clinical social worker.

A clinical social worker may:

(1) Perform all duties within the scope of practice of a
licensed certified social worker, licensed graduate social worker,
and licensed social worker.

(2) Apply social work theory, methods, assessment, ethics and
the professional use of self to the diagnosis, treatment and
prevention of psychological dysfunction, disability or impairment,
including emotional and mental disorders and developmental
disabilities.

(3) Clinical social work practice is based on knowledge of one
or more theories of biological, psychological and social
development, normal human behavior, psychopathology, the causes and
effects of physical illness and disability, unconscious motivation,
interpersonal relationships, family dynamics, environmental stress,
social systems and cultural diversity with particular attention to
the person existing as a combination of biological, psychological
and social elements in his or her environment.

(4) Clinical social work includes interventions directed to
interpersonal interactions, intrapsychic dynamics and life-support
and management issues.

(5) Clinical social work services consist of assessment,
diagnosis, treatment, including psychotherapy and counseling,
client-centered advocacy, consultation and evaluation. The process
of clinical social work is undertaken within the objectives of the
social work profession and the principles and values of its code of
ethics.

§30-30-10. License to practice as a certified social worker.

(a) To be eligible for a license to practice as certified
social worker, the applicant must:

(1) Submit an application to the board;

(2) Be at least eighteen years of age;

(3) Be of good moral character;

(4) Have obtained a master's degree from a school of social
work accredited by the council on social work education;

(5) Have practiced social work for at least two-years
post-master's experience in full-time employment or earned three
thousand hours of post-masters social work experience;

(6) Have passed an examination approved by the board;

(7) Have satisfied the board that he or she merits the public
trust by providing the board with three letters of recommendation
from persons not related to the applicant;

(8) Not be an alcohol or drug abuser, as these terms are
defined in section eleven, article one-a, chapter twenty-seven of
this code: Provided, That an applicant in an active recovery
process, which may, in the discretion of the board, be evidenced by
participation in an acknowledged substance abuse treatment and/or
recovery program may be considered;

(9) Not have been convicted of a felony in any jurisdiction
within five years preceding the date of application for license
which conviction remains unreversed;

(10) Not have been convicted of a misdemeanor or felony in any
jurisdiction if the offense for which he or she was convicted
related to the practice of social work, which conviction remains
unreversed; and

(11) Meet other additional requirements as established by the
board.

(b) A certified social worker may engage in the practice of
clinical social work, if that certified social worker has:

(1) Obtained a master's degree from a school of social work
accredited by the council on social work education that included a
concentration of clinically oriented course work as defined by the
board;

(2) Has completed a supervised clinical field placement at the
graduate level, or post-master's clinical training that is found by
the board to be equivalent;

(3) Has contracted, in writing, with a licensed clinical
social worker who shall assume responsibility for and supervise the
certified social worker's practice as directed by the board by
promulgation of legislative rules;

(4) Is an employee of an institution or organization in which
the certified social worker has no direct or indirect interest
other than employment.

(c) A certified social worker may not practice clinical social
work until his or her contract has been approved by the board, and
shall cease the practice of clinical social work immediately upon
the termination of the contract. At the termination of the
contract, the certified social worker shall apply for licensure as
a licensed clinical social worker or request an extension of the
contract from the board.

§30-30-11. Scope of practice for a licensed certified social worker.

A licensed certified social worker may:

(1) Perform all duties within the scope of practice of a
licensed graduate social worker and licensed social worker;

(2) Apply social work theory and methods to the diagnosis,
treatment and prevention of psychological dysfunction, disability
or impairment, including emotional and mental disorders and
developmental disabilities; and

(a) To be eligible for a license to practice as a graduate
social worker, the applicant must:

(1) Submit an application to the board;

(2) Be at least eighteen years of age;

(3) Be of good moral character;

(4) Have obtained a master's degree from a school of social
work accredited by the council on social work education.

(5) Have passed an examination approved by the board;

(6) Have satisfied the board that he or she merits the public
trust by providing the board with three letters of recommendation
from persons not related to the applicant;

(7) Not be an alcohol or drug abuser, as these terms are
defined in section eleven, article one-a, chapter twenty-seven of
this code: Provided, That an applicant in an active recovery
process, which may, in the discretion of the board, be evidenced by
participation in an acknowledged substance abuse treatment and/or
recovery program may be considered;

(8) Not have been convicted of a felony in any jurisdiction
within five years preceding the date of application for license
which conviction remains unreversed;

(9) Not have been convicted of a misdemeanor or felony in any
jurisdiction if the offense for which he or she was convicted
related to the practice of social work, which conviction remains
unreversed; and

(10) Meet any other requirements established by the board.

(b) A licensed graduate social worker may engage in the
practice of clinical social work, if he or she has:

(1) Obtained a master's degree from a school of social work
accredited by the council on social work education that included a
concentration of clinically oriented course work as defined by the
board;

(2) Has completed a supervised clinical field placement at the
graduate level, or post-master's clinical training that is found by
the board to be equivalent;

(3) Has contracted, in writing, with a licensed clinical
social worker who shall assume responsibility for and supervise the
certified social worker's practice as directed by the board by
promulgation of legislative rules.

(4) Be employed by an institution or organization in which the
graduate social worker has no direct or indirect interest other
than employment.

(c) A graduate social worker may not practice clinical social
work until this contract has been approved by the board, and shall
cease the practice of clinical social work immediately upon the
termination of the contract. At the termination of the contract,
the graduate social worker shall apply for licensure as a licensed
independent clinical social worker or request an extension of the
contract from the board.

§30-30-13. Scope of practice for a licensed graduate social
worker.

A licensed graduate social worker may perform all duties
within the scope of practice of a licensed social worker and
provisional social worker as well as:

(1) Appropriately conduct social work education, formally
teaching social work theory and methodology to bachelor's and
master's level social work students.

(2) Conduct clinical or psychotherapeutic services, under the
clinical supervision of another experienced and credentialed
behavioral health professional, including individual, family and
group methodologies.

§30-30-14. License to practice as a social worker.

To be eligible for a license to practice as a social worker,
the applicant must:

(1) Submit an application to the board;

(2) Be at least eighteen years of age;

(3) Be of good moral character;

(4) Have a baccalaureate degree in social work from a program
accredited by the council on social work education;

(5) Have passed an examination approved by the board;

(6) Have satisfied the board that he or she merits the public
trust by providing the board with three letters of recommendation
from persons not related to the applicant;

(7) Not be an alcohol or drug abuser, as these terms are
defined in section eleven, article one-a, chapter twenty-seven of
this code: Provided, That an applicant in an active recovery
process, which may, in the discretion of the board, be evidenced by
participation in an acknowledged substance abuse treatment and/or
recovery program may be considered;

(8) Not have been convicted of a felony in any jurisdiction
within five years preceding the date of application for license
which conviction remains unreversed;

(9) Not have been convicted of a misdemeanor or felony in any
jurisdiction if the offense for which he or she was convicted
related to the practice of social work, which conviction remains
unreversed; and

(10) Meet any other requirements established by the board.

§30-30-15. Scope of Practice for a Social Worker.

(a) A licensed social worker may perform all duties within the
scope of practice of a provisional social worker as well as:

(1) Apply social work theory, knowledge, methods, ethics and
the professional use of self in social work practice including
assessment, planning, intervention, counseling, evaluation, and
case management supervision.

(2) Provide social advocacy activities, designed to influence
social service systems and social policies in the direction of
reduced disparities in social and distributive justice, especially
for at risk and socially or economically disadvantaged populations.

(3) Community organization activities, designed to assist
client systems at the community level to achieve desirable social
or policy change toward goals of enhanced civic functioning and
improved environmental responsiveness to client quality of life
issues.

(4) Administration and program development, designed to
develop, structure and, oversee social service systems at the
organizational level.

(5) Training activities, designed to assist clients or client
systems with skill development deemed desirable to restore or
enhance social functioning or adaptation; or, to assist less
experienced social workers with professional skill development.

(b) A licensed social worker with a baccalaureate degree or
master’s degree in social work from a program accredited by the
council on social work education and two years of experience, may
supervise a provisionally licensed social worker.

§30-30-16. Provisional License to practice as a social worker.

(a) To be eligible for a provisional license to practice as a
social worker, the applicant must:

(1) Submit an application to the board;

(2) Be at least eighteen years of age;

(3) Be of good moral character;

(4) Have a baccalaureate degree in a related field, as
provided by legislative rule;

(5) Have obtained regular supervised employment, or the
reasonable promise of regular supervised employment contingent upon
receiving a provisional license, in a critical social work
workforce shortage position, area or setting requiring a social
work license; Provided, that such employment shall not as an
independent practitioner, contracted employee, sole proprietor,
consultant, or other nonregular employment.

(6) Have satisfied the board that he or she merits the public
trust by providing the board with three letters of recommendation
from persons not related to the applicant.

(7) Not be an alcohol or drug abuser, as these terms are
defined in section eleven, article one-a, chapter twenty-seven of
this code: Provided, That an applicant in an active recovery
process, which may, in the discretion of the board, be evidenced by
participation in an acknowledged substance abuse treatment and/or
recovery program may be considered;

(8) Not have been convicted of a felony in any jurisdiction
within five years preceding the date of application for license
which conviction remains unreversed;

(9) Not have been convicted of a misdemeanor or felony in any
jurisdiction if the offense for which he or she was convicted
related to the practice of social work, which conviction remains
unreversed; and

(10) Meet any other requirements established by the board.

(b) A provisionally licensed social worker may become a
licensed social worker, by completing the following:

(1) Be continuously employed for four years as a social worker
and supervised. The board shall promulgate by legislative rule the
supervision requirements;

(2) Complete twelve credit hours of core social work study
from a program accredited by the council on social work education,
as defined by legislative rule, within the four-year provisional
license period;

(3) Complete continuing education as required by legislative
rule; and

(4) Pass an examination approved by the board.

(c) A provisionally licensed social worker or a person
previously licensed as a provisionally licensed social worker may
not reapply for licensure through this process if the process is
not completed.

§30-30-17. Scope of practice for a provisionally licensed social worker.

(a) A provisionally licensed social worker may perform all of
the following functions and social work services under supervision:

(1) Multi-dimensional assessment of client or client system
strengths and problems with functioning or psychosocial adaptation,
not including formal mental health diagnosis.

(2) Service planning and contracting with clients or clients
systems to outline proposed interventive strategies for clients or
client systems in order to restore or enhance social, psychosocial,
or biopsychosocial functioning.

(3) Implementing service plans and problem solving
methodologies to restore or enhance social, psychosocial or
biospychosocial functioning of clients or client systems.

(4) Supportive and palliative counseling activities, designed
to offer comfort and social encouragement to clients or client
systems, not including psychotherapy.

(5) Preventive strategies such as psychoeducation and
consciousness raising for at-risk systems or populations, designed
to forestall difficulties with functioning and psychosocial
adaptation.

(6) Case management activities designed to assist clients or
client systems with gaining access to needed resources and services
and to assist with coordination of services in situations where
multiple providers may be involved with client care.

(7) Information and referral services.

(8) Personal practice assessment designed to assess and
document outcomes and effectiveness of one's practice.

§30-30-18. Exemptions from this article.

The following persons are exempt from licensure, unless
specifically stated in writing by the employer:

(1) A person employed as the director or administrative head
of a social service agency or division, or applicants for
employment to be licensed.

(2) Licensed or qualified members of other professions, such
as physicians, psychologists, lawyers, counselors, clergy,
educators, or the general public engaged in social work-like
activities, from doing social work consistent with their training
if they do not hold themselves out to the public by a title or
description incorporating the words "licensed social worker" or
"licensed clinical social worker" or a variation thereof;

(3) An employer from performing social work-like activities
performed solely for the benefit of employees;

(4) Activities and services of a student, intern, or resident
in social work pursuing a course of study at an accredited
university or college or working in a generally recognized training
center if the activities and services constitute a part of the
supervised course of study; and

(5) Pending disposition of the application for a license,
activities and services by a person who has recently become a
resident of this state, has applied for a license within ninety
days of taking up residency in this state, and is licensed to
perform the activities and services in the state of former
residence.

§30-30-19. Renewal of license.

(a) All licenses are effective on the date of issuance from
the board and shall expire in twenty-four months and the number of
days remaining in the month after the date the license was issued.

(b) The board shall charge a fee for each renewal of a license
and shall charge a late fee for any renewal not paid by the due
date.

(c) The board shall require as a condition of renewal that
each licensee complete continuing education.

(d) The board may deny an application for renewal for any
reason which would justify the denial of an original application
for a license.

(e) A provisional licensee shall provide all information and
document progress in completing all requirements for the board to
renew his or her provisional license.

§30-30-20. Delinquent and expired license requirements.

(a) If a license is not renewed when due, then the board shall
automatically place the licensee on delinquent status. A licensee
on delinquent status may not practice social work in this state.

(b) The fee for a person on delinquent status shall increase
at a rate, determined by the board, for each month or fraction
thereof that the renewal fee is not paid, up to a maximum of
thirty-six months.

(c) Within thirty-six months of being placed on delinquent
status, if a licensee wants to return to active practice, he or she
must complete all the continuing education requirements and pay all
the applicable fees as set by rule.

(d) After thirty-six months of being placed on delinquent
status, a license is automatically placed on expired status and
cannot be renewed. A person whose license has expired must reapply
for a new license.

§30-30-21. Inactive license requirements.

(a) A licensee who does not want to continue an active
practice must submit an application and the applicable fee to be
granted inactive status.

(b) A person granted inactive status is not subject to the
payment of any fee and may not practice social work in this state.

(c) When the person wants to return to the practice of social
work, the person shall submit an application for renewal along with
all applicable fees as set by rule.

§30-30-22. Temporary permit to practice social work.

(a) Upon completion of the application and payment of the
nonrefundable fees, the board may issue a temporary permit, for a
period not to exceed six months, to an applicant to practice in
this state, if the applicant has completed the educational
requirements set out in this article, pending the examination and
who works under a supervising social worker with the scope of the
supervision to be defined by legislative rule. The applicant may
renew the permit if the licensee receives a failing score on the
examination.

(b) A temporary permit may be revoked by a majority vote of
the board.

§30-30-23. Display of license.

(a) The board shall prescribe the form for a license and
permit, and may issue a duplicate license or permit upon payment of
a fee.

(b) Any person regulated by the article shall conspicuously
display his or her license or permit at his or her principal
business location.

§30-30-24. Privileged communications.

(a) A licensee may not disclose any information acquired
provided by a client or from persons consulting the licensee in a
professional capacity, except that which may be voluntarily
disclosed under the following circumstances:

(1) In the course of formally reporting, conferring or
consulting with administrative superiors, colleagues or consultants
who share professional responsibility, in which instance all
recipients of such information are similarly bound to regard the
communication as privileged;

(2) With the written consent of the person who provided the
information;

(3) In case of death or disability, with the written consent
of a personal representative, other person authorized to sue, or
the beneficiary of an insurance policy on the person's life, health
or physical condition;

(4) When a communication reveals the intended commission of a
crime or harmful act and such disclosure is judged necessary by the
social worker to protect any person from a clear, imminent risk of
serious mental or physical harm or injury, or to forestall a
serious threat to the public safety; or

(5) When the person waives the privilege by bringing any
public charges against the licensee.

(b) When the person is a minor and the information acquired by
the licensee indicates the minor was the victim of or witness to a
crime, the licensee may be required to testify in any judicial
proceedings in which the commission of that crime is the subject of
inquiry and when the court determines that the interests of the
minor in having the information held privileged are outweighed by
the requirements of justice.

(c) Any person having access to records or anyone who
participates in providing social work services or who, in providing
any human services, is supervised by a licensee, is similarly bound
to regard all information and communications as privileged in
accord with the section.

(d) Nothing shall be construed to prohibit a licensee from
voluntarily testifying in court hearings concerning matters of
adoption, child abuse, child neglect or other matters pertaining to
children, elderly, and physically and mentally impaired adults,
except as prohibited under the applicable state and federal laws.

§30-30-25. Actions to enjoin violations.

(a) If the board obtains information that any person has
engaged in, is engaging in or is about to engage in any act which
constitutes or will constitute a violation of this article, the
rules promulgated pursuant to this article, or a final order or
decision of the board, it may issue a notice to the person to cease
and desist in engaging in the act and/or apply to the circuit court
in the county of the alleged violation for an order enjoining the
act.

(b) The circuit courts of this state may issue a temporary
injunction pending a decision on the merits, and may issue a
permanent injunction based on its findings in the case.

(c) The judgment of the circuit court on an application
permitted by this section is final unless reversed, vacated or
modified on appeal to the West Virginia Supreme Court of Appeals.

(a) The board may upon its own motion based on credible
information, and shall upon the written complaint of any person,
cause an investigation to be made to determine whether grounds
exist for disciplinary action under this article or the legislative
rules promulgated pursuant to this article.

(b) Upon initiation or receipt of the complaint, the board
shall provide a copy of the complaint to the licensee or permittee.

(c) After reviewing any information obtained through an
investigation, the board shall determine if probable cause exists
that the licensee or permittee has violated subsection (g) of this
section or rules promulgated pursuant to this article.

(d) Upon a finding that probable cause exists that the
licensee or permittee has violated subsection (g) of this section
or rules promulgated pursuant to this article, the board may enter
into a consent decree or hold a hearing for the suspension or
revocation of the license or permit or the imposition of sanctions
against the licensee or permittee. Any hearing shall be held in
accordance with this article.

(e) Any member of the board or the administrator of the board
may issue subpoenas and subpoenas duces tecum to obtain testimony
and documents to aid in the investigation of allegations against
any person regulated by the article.

(f) Any member of the board or its administrator may sign a
consent decree or other legal document on behalf of the board.

(g) The board may, after notice and opportunity for hearing,
deny or refuse to renew, suspend, restrict or revoke the license or
permit of, or impose probationary conditions upon or take
disciplinary action against, any licensee or permittee for any of
the following reasons once a violation has been proven by a
preponderance of the evidence:

(1) Obtaining a license or permit by fraud, misrepresentation
or concealment of material facts;

(2) Being convicted of a felony or other crime involving moral
turpitude;

(3) Being guilty of unprofessional conduct which placed the
public at risk, as defined by legislative rule of the board;

(4) Intentional violation of a lawful order or legislative
rule of the board;

(5) Having had a license or other authorization revoked or
suspended, other disciplinary action taken, or an application for
licensure or other authorization revoked or suspended by the proper
authorities of another jurisdiction;

(6) Aiding or abetting unlicensed practice; or

(7) Engaging in an act while acting in a professional capacity
which has endangered or is likely to endanger the health, welfare
or safety of the public.

(h) For the purposes of subsection (g) of this section,
effective July 1, 2011, disciplinary action may include:

(1) Reprimand;

(2) Probation;

(3) Restrictions;

(4) Administrative fine, not to exceed $1,000 per day per
violation;

(5) Mandatory attendance at continuing education seminars or
other training;

(6) Practicing under supervision or other restriction; or

(7) Requiring the licensee or permittee to report to the board
for periodic interviews for a specified period of time.

(i) In addition to any other sanction imposed, the board may
require a licensee or permittee to pay the costs of the proceeding.

§30-30-27. Procedures for hearing; right of appeal.

(a) Hearings are governed by section eight, article one of
this chapter.

(b) The board may conduct the hearing or elect to have an
administrative law judge conduct the hearing.

(c) If the hearing is conducted by an administrative law
judge, at the conclusion of a hearing he or she shall prepare a
proposed written order containing findings of fact and conclusions
of law. The proposed order may contain proposed disciplinary
actions if the board so directs. The board may accept, reject or
modify the decision of the administrative law judge.

(d) Any member or the administrator of the board has the
authority to administer oaths, examine any person under oath and
issue subpoenas and subpoenas duces tecum.

(e) If, after a hearing, the board determines the licensee or
permittee has violated this article or the board’s rules, a formal
written decision shall be prepared which contains findings of fact,
conclusions of law and a specific description of the disciplinary
actions imposed.

§30-30-28. Judicial review.

Any licensee or permittee adversely affected by a decision of
the board entered after a hearing may obtain judicial review of the
decision in accordance with section four, article five, chapter
twenty-nine-a of this code, and may appeal any ruling resulting
from judicial review in accordance with article six, chapter
twenty-nine-a of this code.

§30-30-29. Criminal proceedings; penalties.

(a) When, as a result of an investigation under this article
or otherwise, the board has reason to believe that a licensee or
permittee has committed a criminal offense under this article, the
board may bring its information to the attention of an appropriate
law-enforcement official.

(b) A person violating section one of this article is guilty
of a misdemeanor and, upon conviction thereof, shall be fined not
less than $100 nor more than $5,000 or confined in jail not more
than six months, or both fined and confined.